Kerala High Court
K.T.Unnimoyi Haji vs State Of Kerala on 17 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30217 OF 2021
PETITIONER:
SAKARIYA P.K.
AGED 53 YEARS
S/O. UNNIMOYI K.T., POOLAKANDI HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE, KOZHIKODE
DISTRICT.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
3 THE DISTRICT COLLECTOR,
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
DISTRICT, PIN-673121.
4 THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT, PIN-
673121.
5 THE REVENUE DIVISIONAL OFFICER,
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT, PIN-
670645.
2
W.P.(C)No. 30217 of 2021 &
Conn.Cases
6 THE TAHSILDAR (LR),
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN-673592.
7 THE VILLAGE OFFICER,
SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30315/2021,
30308/2021 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
3
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30315 OF 2021
PETITIONER:
ABDU RAHIMAN P.K.
AGED 57 YEARS
S/O. UNNIMOYI HAJI, KANAKUNNATH HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
3 THE DISTRICT COLLECTOR,
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
4
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT, PIN-673 121.
THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
4
PIN-673121.
5 THE REVENUE DIVISIONAL OFFICER,
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT,
PIN-670645.
6 THE TAHSILDAR (LR),
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN-673592.
7 THE VILLAGE OFFICER,
SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
5
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30308 OF 2021
PETITIONER:
KEERANTHODIKA ABDURAHIMAN
AGED 76 YEARS
S/O. AHAMMEDKUTTY, ENNATHATTIL HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
3 THE DISTRICT COLLECTOR,
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
6
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT,PIN-673 121
THE DEPUTY COLLECTOR (LR),COLLECTORATE,
4 KALPETTA P.O., WAYANAD DISTRICT,PIN-673 121
5 THE REVENUE DIVISIONAL OFFICER,
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT,
PIN-670 645
6 THE TAHSILDAR (LR),
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT,PIN-673 592
7 THE VILLAGE OFFICER,
SULTHAN BATHERI, WAYANAD DISTRICT,PIN-673 591
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
7
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30288 OF 2021
PETITIONER:
MUJEEB RAHMAN V
AGED 51 YEARS
S/O. V.UMMER HAJI, THATTARATHODIKA HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT-673 602.
BY ADVS.
C.M.MOHAMMED IQUABAL
ANJALI G.KRISHNAN
SAHEER M.
P.ABDUL NISHAD
RAIHANATH T.H.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
8
W.P.(C)No. 30217 of 2021 &
Conn.Cases
THIRUVANANTHAPURAM, PIN-695 001.
3 THE DISTRICT COLLECTOR
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
DISTRICT, PIN-673 121.
4 THE DEPUTY COLLECTOR (LR)
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
PIN-673 121.
5 THE REVENUE DIVISIONAL OFFICER
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT,
PIN-670 645.
6 THE TAHSILDAR (LR)
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN-673 592.
7 THE VILLAGE OFFICER,
SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673
592.
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
9
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30285 OF 2021
PETITIONER:
K.T.UNNIMOYI HAJI
AGED 83 YEARS
S/O.AVARAN HAJI, POOLAKANDI HOUSE,
NELLIKKAPARAMBU P.O, MUKKAM, KOZHIKODE
DISTRICT.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
3 THE DISTRICT COLLECTOR
WAYANAD, COLLECTORATE, KALPETTA P.O, WAYANAD
10
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT, PIN - 673121.
THE DEPUTY COLLECTOR (LR)
COLLECTORATE, KALPETTA P.O, WAYANAD DISTRICT,
4
PIN - 673121.
5 THE REVENUE DIVISIONAL OFFICER
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O, WAYANAD DISTRICT,
PIN - 670645.
6 THE TAHSILDAR (LR),
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN - 673592.
7 THE VILLAGE OFFICER
SULTHAN BATHERI, WAYANAD DISTRICT, PIN -
673592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
11
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30335 OF 2021
PETITIONER:
P.K.ABDURAZAK
AGED 62 YEARS
S/O. K.T. UNNIMOYI HAJI, 'HARITHA',
CHENNAMANGALLUR P.O, VIA MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT, PIN - 673602.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
3 THE DISTRICT COLLECTOR
WAYANAD, COLLECTORATE, KALPETTA P.O, WAYANAD
12
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT, PIN - 673121.
THE DEPUTY COLLECTOR (LR)
COLLECTORATE, KALPETTA P.O, WAYANAD DISTRICT,
4
PIN - 673121.
5 THE REVENUE DIVISIONAL OFFICER
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O, WAYANAD DISTRICT,
PIN - 670645.
6 THE TAHSILDAR (LR)
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN - 673592.
7 THE VILLAGE OFFICER,
SULTHAN BATHERY, WAYANAD DISTRICT, PIN -
673592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
13
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30276 OF 2021
PETITIONER:
UNNIMOYI.T.,
AGED 80 YEARS
S/O.ABDURAHIMAN, THIRUVALOOR HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT, PIN-673 602.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
3 THE DISTRICT COLLECTOR, WAYNAD,
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
14
W.P.(C)No. 30217 of 2021 &
Conn.Cases
PIN-673 121.
THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
4
PIN-673 121.
5 THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY,
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
MANANTHAVADY P.O., WAYANAD DISTRICT, PIN-670
645.
6 THE TAHSILDAR(LR), TALUK OFFICE, SULTHAN
BATHERI,
WAYANAD DISTRICT, PIN-673 592.
7 THE VILLAGE OFFICER, SULTHAN BATHERI,
WAYANAD DISTRICT, PIN-673 592.
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
15
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30437 OF 2021
PETITIONER:
SAJID RAHMAN PALIYIL
AGED 32 YEARS
S/O.SIDHEEQUE, AGED 32 YEARS, PALIYIL HOUSE,
CHENNAMANGALLUR, MUKKAM, THAZHECODE, KOZHIKODE
DISTRICT - 673 602
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
3 THE DISTRICT COLLECTOR, WAYANAD, COLLECTORATE,
KALPETTA P.O., WAYANAD DISTRICT, PIN-673 121.
4 THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
16
W.P.(C)No. 30217 of 2021 &
Conn.Cases
PIN-673 121.
5 THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY,
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
MANANTHAVADY P.O., WAYANAD DISTRICT, PIN-670
645.
6 THE TAHSILDAR (LR), TALUK OFFICE,
SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673
592.
7 THE VILLAGE OFFICER, SULTHAN BATHERI,
WAYANAD DISTRICT, PIN-673 592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
17
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30452 OF 2021
PETITIONER:
MUHAMMED ABDURAHIMAN T T
AGED 48 YEARS
S/O.UMMER HAJI, THATTARATHODI HOUSE,
CHENNAMANGALLUR P.O., VIA MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT - 673 602.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REP.BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001
2 THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001
3 THE DISTRICT COLLECTOR
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
18
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT, PIN 673 121
THE DEPUTY COLLECTOR (LR)
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
4
PIN 673 121
5 THE REVENUE DIVISIONAL OFFICER
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT,
PIN 670 645
6 THE TAHSILDAR (LR)
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN 673 592
7 THE VILLAGE OFFICER
SULTHAN BATHERI, WAYANAD DISTRICT, PIN 673 592
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
19
W.P.(C)No. 30217 of 2021 &
Conn.Cases
JUDGMENT
Dated this the 17th day of January, 2022.
The petitioners in these cases - which are being
disposed of jointly through this writ petition, taking note
of the analogous factual factors and similar nature of the
reliefs sought - are stated to be persons who are either
registered holders or subsequent assignees of the lands
involved in these cases, which is known as "Fairland
Colony", at Sulthan Batheri.
2. The petitioners say that they have been in
possession of the properties in question either under
valid assignments from the Government, or through
assignments from such holders, for the last more than six
decades; and that, therefore, they became eligible to be
W.P.(C)No. 30217 of 2021 &
Conn.Cases
assigned the same in their favour, under the provisions
of the applicable Statues and Regulations. They say
that, however, when their request for assignment was
not considered, they approached this Court and obtained
Ext.P6 judgment, wherein, liberty was granted to them to
move the jurisdictional Deputy Tahsildar, with a further
direction to the said Authority to consider the same in
terms of law.
3. The petitioners allege that, however, without
appreciating or adverting to any of the relevant and
germane inputs and materials, the Deputy Collector has
now issued the orders impugned in these cases,
rejecting their requests for assignment merely saying
that they were not found eligible for such by the
"Assignment Committee" and that they are not included
in the list of 197 persons who have been so found eligible
W.P.(C)No. 30217 of 2021 &
Conn.Cases
for such assignment.
4. Sri.C.M.Mohammed Iquabal - learned counsel
for the petitioners, submitted that the findings of the
Deputy Collector are perverse and improper because
what he was expected to consider was whether his
clients continue to be in possession of the properties,
either on assignment from Government to them, or
through their predecessor-in-interest, for the last several
decades. He submitted that, instead of doing so, the
Deputy Collector went on a tangent to hold that his
clients were not part of the 197 persons found eligible for
assignment by the "Assignment Committee"; and argued
that this is in error for an additional reason that there is
not even a whisper in the impugned orders whether the
lands in question have been reserved for assignment to
the said 197 persons. He then vehemently asserted that
W.P.(C)No. 30217 of 2021 &
Conn.Cases
the lands which have been found eligible to be assigned
to the 197 persons aforementioned, are completely
distinct and different from the ones which are now being
held in possession by his clients; and therefore, that they
are entitled to be granted the requests for assignment,
based on their continuous and uninterrupted possession
for the last more than six decades. He, therefore,
reiteratingly prayed that the impugned orders in these
cases be set aside.
5. In response, Smt.M.Anima - learned
Government Pleader, appearing in some of these matters
submitted that the orders impugned herein are speaking
ones, and has recorded the reasons which weighed with
the Deputy Collector in having rejected the requests of
the petitioners. She pointed out that, not merely were
the petitioners not included as beneficiaries along with
W.P.(C)No. 30217 of 2021 &
Conn.Cases
the 197 persons identified by the "Assignment
Committee", but they are not entitled to assignment also
because they do not satisfy the criteria for such purpose,
under the Assignment of Land within Municipal and
Corporation Area Rules, 1995 ("The Rules" for short).
She argued that, petitioners are disqualified for seeking
assignment thereunder, both as per the income criteria,
and because they hold other extents of land; and
therefore, that the Deputy Collector had no other option
but to reject their applications through the impugned
orders in these cases, which she asserted, is
irreproachable and without error.
6. I have evaluated the afore submissions and
have also sgone through the various materials available
on record, in particular the impugned orders.
7. It is inevitable from the orders of the Deputy
W.P.(C)No. 30217 of 2021 &
Conn.Cases
Collector, that he has rejected the petitioners'
applications primarily for the reason that they were not
identified as being beneficiaries by the "Settlement
Committee", nor included in the 197 persons, so
identified. The said Authority then goes on to say that
petitioners are not eligible for being assigned land in
their possession because the requirements under the
"Rules" are not satisfied by them. However, the orders
impugned do not contain the specific details with respect
to each of the petitioners and it appears to be a common
order, with minor changes incorporated to deal with the
individual cases, finding that none of them fulfill the
criteria as are required under the "Rules".
8. That apart, even if the "Settlement
Committee" had not found the petitioners to be eligible
for being assigned lands and even if they were not
W.P.(C)No. 30217 of 2021 &
Conn.Cases
included in the list of 197 persons who were so identified,
the question that ought to have weighed with the Deputy
Collector was whether they are entitled to be assigned
the extents claimed by them on account of long and
uninterrupted possession. This is more so since the
petitioners assert that they have been in occupation of
the lands in question for more than six decades past,
either through themselves or through their predecessors-
in-interest and that some of them are, in fact, holding it
on the strength of assignments given to them by the
Government under a "Puncha cheet". These aspects
have not been considered by the Deputy Collector on an
individual case basis, but has entered into a conclusion
that none of the petitioners are entitled to be assigned
lands under the ambit of the "Rules".
9. The above being said, this Court is also
W.P.(C)No. 30217 of 2021 &
Conn.Cases
concerned about the fact that the Deputy Collector has
merely stated that petitioners are not identified as the
beneficiaries by the "Assignment committee", nor are
they included among 197 persons so found. The Deputy
Collector ought to have kept in mind that the petitioners
are not seeking assignment based on the "Rules" alone,
but also because they claim to be in uninterrupted
possession of the extents for the last several decades,
either by themselves or through their predecessors-in-
interest. These aspects certainly ought to have been
considered by the Deputy Collector, before an order
could have been issued by him; and in the absence of
any such decision being reflected in the impugned
orders, this Court cannot find favour with it immediately.
10. I am also persuaded to the afore opinion
because, as rightly stated by Sri.C.M.Mohammed Iquabal
W.P.(C)No. 30217 of 2021 &
Conn.Cases
- learned counsel for the petitioners, even if 197 persons
have been identified for being assigned land, the Deputy
Collector ought to have verified whether lands reserved
to them are part of any of the extents which are now
claimed by the petitioners. This is crucial because, as I
have already seen above, the petitioners say that they
have been in continuous possession of the lands for
several years; and therefore, the Authority ought to have
decided if such possession should be disturbed, so as to
accommodate the 197 persons who are stated to have
been identified by the "Assignment Committee".
11. In the absence of the afore considerations
being validly made in the impugned orders, I am certain
that the entire aspects will have to be reconsidered by
the Deputy Collector; for which purpose, said orders will
require to be set aside.
W.P.(C)No. 30217 of 2021 &
Conn.Cases
Resultantly, I order these writ petitions and set
aside the impugned orders; with a consequential
direction to the Deputy Collector to reconsider the
applications of the petitioners, after affording them a
fresh opportunity of being heard and after evaluating
their documents; thus culminating in appropriate new
orders and necessary action thereon, as expeditiously as
is possible, but not later than four months from the date
of receipt of a copy of this judgment.
Needless to say, while completing the afore
exercise, the Deputy Collector shall specifically keep in
mind the observations of this Court and shall record his
opinion on them, as also on all other germane and
relevant aspects, in the resultant orders.
At this time, Smt.Mable C.Kurian - learned Senior
Government Pleader, intervened to say that, in fact, in all
W.P.(C)No. 30217 of 2021 &
Conn.Cases
the impugned orders the claims of the individual
petitioners as regards their entitlement under the "Rules"
have been specifically dealt with. She, pointed out that,
said orders also show that petitioners have other lands or
are not eligible under the income criteria to be granted
the assignments.
Even if the above be so and this Court is to accept
the same, as I have already said above, the real question
is not whether petitioners are entitled to be assigned
lands under the "Rules", but whether they are entitled to
such benefit on account of their uninterrupted
possession over it for six decades or more, as claimed by
them.
Therefore, even if the petitioners are in possession
of other lands or are not using the properties in question
for their residential purposes, as have been alleged, it
W.P.(C)No. 30217 of 2021 &
Conn.Cases
certainly is enjoined upon the Deputy Collector to further
enquire whether such possession would entitle them any
benefit, particularly if the lands in question have not
reserved for being assigned to 197 persons mentioned
by the "Assignment Committee".
I am, therefore, of the view that notwithstanding the
objections raised by Smt.Mable C.Kurian, the exercise as
afore ordered must certainly be completed, after
following due procedure.
That being so said, it goes without saying that while
the Deputy Collector makes the afore consideration, he
will also be at liberty to verify whether any other
provision of law would be applicable to the petitioners,
including the rigour of the Regulations which require
them to pay the market value of the properties in
question, however, only after assessing their entitlement
W.P.(C)No. 30217 of 2021 &
Conn.Cases
to assignment based on their continuous possession.
To paraphrase, if the Deputy Collector is to find that
petitioners are not entitled to assignment of the entire
extents in their possession or that they can be so
granted only after remitting the market value, he will be
at liberty to deal with each of their cases independently
and issue appropriate orders with respect to the same as
per law and following the procedural requirements under
the applicable Rules and Regulations, at which time, the
said Authority will also advert to the Government Order
bearing No.GO.(MS)No.86/2009/Revenue dated
01.03.2009.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/18.01.2022.
W.P.(C)No. 30217 of 2021 &
Conn.Cases
APPENDIX OF WP(C) 30315/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.416/1997
OF SRO SULTHAN BATHERI DATED
28.1.1997.
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.8.2021.
Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN WP(C)
NO.18709/2021 OF THIS HON'BLE COURT
DATED 13.9.2021.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 22.9.2021.
Exhibit P6 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 22.11.2021.
Exhibit P7 THE TRUE COPY OF THE G.O.(KAI)
NO.86/2019 DATED 1.3.2019.
W.P.(C)No. 30217 of 2021 &
Conn.Cases
APPENDIX OF WP(C) 30308/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.416/1997
OF SRO SULTHAN BATHERI DATED 28.1.1997
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.8.2021
Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.18770/2021 OF THIS HON'BLE COURT
DATED 13.9.2021
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 22.9.2021
Exhibit P6 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 22.11.2021
Exhibit P7 THE TRUE COPY OF THE GO (KAI)
NO.86/2019 DATED 1.3.2019
W.P.(C)No. 30217 of 2021 &
Conn.Cases
APPENDIX OF WP(C) 30288/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.416/1997
OF SRO SULTHAN BATHERI DATED
28.1.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT
DATED 7.8.2013.
Exhibit P4 THE TRUE COPY OF THE OWNERSHIP
CERTIFICATE ISSUED BY SULTHAN BATHERI
MUNICIPALITY DATED 16.11.2019.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.8.2021.
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.18726/2021 OF THIS HON'BLE COURT
DATED 13.9.2021.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 22.9.2021.
Exhibit P8 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 22.11.2021.
Exhibit P9 THE TRUE COPY OF THE G.O.(KAI)
NO.86/2019 DATED 1.3.2019.
W.P.(C)No. 30217 of 2021 &
Conn.Cases
APPENDIX OF WP(C) 30285/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY.
Exhibit P2 THE TRUE COPY OF THE DOCUMENT
NO.416/1997 OF SRO SULTHAN BATHERI
DATED 28.01.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT
DATED 29.08.2003.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.08.2021.
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN WP(C)
NO. 18754/2021 OF THIS HON'BLE COURT
DATED 13.09.2021.
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 22.09.2021.
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 22.11.2021.
Exhibit P8 THE TRUE COPY OF THE GO(MS) NO.
86/2019 DATED 1.3.2019.
W.P.(C)No. 30217 of 2021 &
Conn.Cases
APPENDIX OF WP(C) 30335/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO. 416/1997
OF SRO SULTHAN BATHERI DATED
28.1.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT
DATED 26.07.2006.
Exhibit P4 THE TRUE COPY OF THE OWNERSHIP
CERTIFICATE ISSUED BY SULTHAN BATHERI
MUNICIPALITY DATED 24.09.2019.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.08.2021.
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN
WP(C) NO. 18753/2021 OF THIS HON'BLE
COURT DATED 13.09.2021.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 22.09.2021.
Exhibit P8 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 22.11.2021.
Exhibit P9 THE TRUE COPY OF THE GO(KAI) NO.
86/2019 DATED 1.3.2019.
W.P.(C)No. 30217 of 2021 &
Conn.Cases
APPENDIX OF WP(C) 30276/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.420/1997
OF SRO SULTHAN BATHERI DATED
28.01.1997.
Exhibit P3 THE TRUE COPY OF THE OWNERSHIP
CERTIFICATE ISSUED BY SULTHAN BATHERI
MUNICIPALITY DATED 24.09.2019.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.08.2021.
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.18677/2021 OF THIS HON'BLE COURT
DATED 13.09.2021.`
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 22.09.2021.
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 22.11.2021.
Exhibit P8 THE TRUE COPY OF THE GO(KAI)
NO.86/2019 DATED 01.03.2019.
W.P.(C)No. 30217 of 2021 &
Conn.Cases
APPENDIX OF WP(C) 30437/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY,
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.416/1997
OF SRO SULTHAN BATHERI DATED
28.01.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT
DATED 03.08.2013.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.08.2021.
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.18717/2021 OF THIS HON'BLE COURT
DATED 13.09.2021.
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 22.09.2021.
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 22.11.2021.
Exhibit P8 THE TRUE COPY OF THE GO(KAI)
NO.86/2019 DATED 01.03.2019.
W.P.(C)No. 30217 of 2021 &
Conn.Cases
APPENDIX OF WP(C) 30452/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.420/1997
OF SRO SULTHAN BATHERI DATED 28.1.1997
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT
DATED 2.7.2013
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.8.2021
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN
W.P.(C) NO.18756/2021 OF THIS HON'BLE
COURT DATED 13.9.2021
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 22.9.2021
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 22.11.2021
Exhibit P8 THE TRUE COPY OF THE G.O.(KAI)
NO.86/2019 DATED 1.3.2019
W.P.(C)No. 30217 of 2021 &
Conn.Cases
APPENDIX OF WP(C) 30217/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.420/1997
OF SRO SULTHAN BATHERI DATED
28.1.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT
DATED 3.7.2013.
Exhibit P4 THE TRUE COPY OF THE OWNERSHIP
CERTIFICATE ISSUED BY SULTHAN BATHERI
MUNICIPALITY DATED 24.9.2019.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 24.8.2021.
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WP(C)
NO.18681/2021 OF THIS HON'BLE COURT
DATED 13.9.2021.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 22.9.2021.
Exhibit P8 THE TRUE COPY OF THE ORDER OF THE 4TH
RESPONDENT DATED 22.11.2021.
Exhibit P9 THE TRUE COPY OF THE G.O.(KAI)
NO.86/2019 DATED 1.3.2019.
